Unreported / Non-Citable
Background
Jane Doe sued the Frisco Independent School District, the Frisco Police Department, and John Hoover following criminal activity by Hoover against Doe.
The Frisco Police Department moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), arguing that it lacked a separate jural existence and therefore could not be sued. Doe did not respond to the motion.
The Court’s Holding
The court granted the Frisco Police Department’s motion. Under Rule 17(b)(3), Texas law governed the department’s capacity to be sued. Texas law permits suit against a municipal department only when it has a separate legal existence and the municipality has granted it authority to sue or be sued.
Doe did not allege that the City of Frisco had granted the police department that authority. The court therefore concluded that the department was not a proper party and dismissed Doe’s claims against it with prejudice.
Key Takeaways
- A Texas municipal department cannot be sued unless it has been given a separate legal existence and jural authority.
- The plaintiff bears the burden of alleging or demonstrating that the department has capacity to be sued.
- The ruling dismissed only the claims against the Frisco Police Department, with prejudice.
Why It Matters
The decision underscores the need to identify the governmental entity that has legal capacity before filing claims involving a municipal department. Naming a police department without alleging that it possesses separate jural authority can result in dismissal at the pleadings stage.